A 10-million-follower influencer questioned: false advertising or a slip of the tongue?
[4] Compiled from: Red Star News
Case review
Recently, "Xiaobei E Le," a short-video platform influencer with nearly 20 million followers, has been thrust into the spotlight after netizens questioned her for false advertising and quality issues related to products she promotes.
The doubter, using the online alias “Shengtang Leiyin,” questioned that a steak product promoted by “Xiaobei Ele,” a livestreamer, was “fake meat,” stating that consumers found the quality did not match the promotional claims after purchase. Shortly after this questioning video was posted, netizens quickly left comments under recent videos published by “Xiaobei Ele,” questioning the quality of the products she promoted and demanding an apology.
On November 5 and 7, in response to online skepticism, "Xiaobei Enle" issued two statements asserting that the products she promoted had undergone strict screening and had no quality issues. "Xiaobei Enle" stated that "this product is a statically marinated sirloin steak. The product title on the merchant-provided presentation card and multiple places on the product detail page mention that the steak is original-cut statically marinated, the meat source is original-cut meat, and the process is static marination. During my presentation, I referred to it as original-cut statically marinated in the vast majority of cases, and occasionally abbreviated it as original-cut." In response, "Xiaobei Enle" stated that "whether this promotional language is compliant is currently under investigation by relevant national authorities, and we are actively cooperating with the investigation. If the investigation concludes that our promotional language was inappropriate, we will also actively assume the corresponding legal responsibility."
Product Quality Law of the People's Republic of China
Article 50
Adulterating or mixing impurities into products, passing off fake products as genuine, inferior products as high-quality, or substandard products as qualified shall result in an order to cease production and sales, confiscation of the illegally produced and sold products, and a fine of not less than 50% but not more than three times the value of the illegally produced and sold products; if there is illegal income, it shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued according to law.
The
[1] The People's Republic of China
Advertising Law
Article 4
Advertisements shall not contain false or misleading content, nor deceive or mislead consumers.
Advertisers shall be responsible for the truthfulness of the advertising content.
[1] The author's perspective
In this incident, attention must be paid to the distinction between “original cut steak” and “original cut marinated steak,” which are gimmicks created by merchants for sales purposes and often confuse consumers. Original cut steak is purely natural beef slices, while marinated steak belongs to prepared steak, which is beef slices processed with various seasonings and additives such as soy sauce and coloring. There is a clear difference between the two. Therefore, if Xiaobei used “original cut steak” in its promotion to represent “marinated steak,” it may constitute false advertising as defined in the Advertising Law, amounting to fraudulent conduct, which is also the main reason for the intervention and investigation by relevant authorities. In addition, from the perspective of product quality itself, the Product Quality Law may also be involved. As can be seen from the above legal provisions, if there are product quality issues, both the producer and the seller must bear responsibility, and consumers may choose either one to claim compensation, thereby obtaining protection.
It is evident that influencer marketing can be highly lucrative, but it requires a very clear understanding of the products being sold. Among the thousands or even millions of livestream viewers, there are not only consumers but also those who are quick to find fault. It is precisely the presence of such people that creates a layer of oversight over both the professionalism of influencers and the quality of the products themselves. Regulating promotional language, strengthening product vetting, and improving after-sales support are all details that demand attention and are decisive factors in enhancing one’s reputation. As the saying goes, the water that bears the boat is the same that swallows it.
